Activities of Jürgen CREUTZMANN related to 2011/0187(COD)
Plenary speeches (1)
Roaming on public mobile communications networks within the Union (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on roaming on public mobile communications networks within the Union (recast)
Amendments (61)
Amendment 50 #
Proposal for a regulation
Recital 23
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services and access to local data roaming services, and to ensure coordinated and sound technical evolution of the separate sale of roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of the facility.
Amendment 51 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Operators should be encouraged to reach the objectives of the Digital Agenda for Europe even faster. In particular, the objective of differences between national and roaming tariffs to approach zero by 2015 should be promoted. Therefore, as an incentive, operators who are ready to make roaming offers that are equal to or only insignificantly higher than their national tariffs should be exempted from the obligation to implement the structural measures as regards separate sale of roaming services. National telecommunication regulators should grant such exemptions under strict conditions and be also able to withdraw the exemption in case of non-compliance. This system would also allow for more innovative offers such as 'roam like at home' or monthly fee-based offers that would be more transparent to the consumers and would not require any action from the consumers' side.
Amendment 76 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls both within and outside the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member Statecountry. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member Statecountries. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt- out from this automatic message service.
Amendment 81 #
Proposal for a regulation
Recital 69
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for data roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi or local breakout mechanisms. Consumers should be provided with this information, thereby allowing them to make an informed choice.
Amendment 82 #
Proposal for a regulation
Recital 70
Recital 70
(70) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member Statecountry. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension.
Amendment 83 #
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down wiIn the Member States where their contract for the provision of domestic mobile services is concluded, consumers should have the regard to the provision of aight to opt for the separate sale of retail roaming services which should be introduced in a coordinated manner across the Unionfrom their domestic mobile package. Consumers should be able to choose a different provider for retail roaming services without changing their number, and in a manner which ensures interoperability of services, with retail roaming services being provided anywhere in the Union and with the same level of quality.
Amendment 84 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.
Amendment 84 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to facilitate customers' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.
Amendment 86 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.
Amendment 86 #
Proposal for a regulation
Recital 72
Recital 72
(72) In addition, in order to avoid bill shocks both for data roaming services within and outside the Union, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.
Amendment 88 #
Proposal for a regulation
Recital 23
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services, and to ensure coordinated and sound technical evolution of the separate sale ofprovision of separate roaming services and access to local data roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of these facilityies.
Amendment 89 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution ine establishment of facilities for separate sale of roaming services will require a reasonable period for operators to adapt at the technical level, and therefore the facility for separate sale of roaming services will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed
Amendment 90 #
Proposal for a regulation
Recital 74
Recital 74
(74) However, since the entry into force of the amendments introduced by Regulation (EC) No 544/2009, it has been observed that it is less probable that customers under pre-paid tariffs suffer from ‘bill shocks’ for the use of data roaming services, given that the amount of credit available is already chosen in advance. In addition, with the transitory Euro-data tariff with regulated rates for data roaming charges, these consumers will also benefit from additional protection against high prices for these services. For these reasons, the cut off limit provisions should not apply to customers under pre-paid contracts, except in cases where consumers have opted for a system that automatically tops up their credit.
Amendment 92 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Considering that roaming prices can still be considered as a barrier to an internal market for telecoms and that the Digital Agenda for Europe sets as an objective that the differences between roaming and national telecoms tariffs should approach zero by 2015, operators should have the choice to reach this target on a voluntary basis. For this reasons operators offering to all their customers on all offers roaming tariffs significantly close to those charged for domestic voice, SMS and data services by 1 July 2014 should be exempted from the obligation to implement the technical measures for separate sale of roaming services. The required tariff level allowing the exemption should be defined by the Commission through delegated acts on basis of the opinion of BEREC after appropriate stakeholder consultation.
Amendment 93 #
Proposal for a regulation
Recital 81
Recital 81
(81) The Commission should review the effectiveness of this Regulation in light of its objectives and the contribution to the implementation of the regulatory framework and the smooth functioning of the internal market. In this context, the Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Union, the developments, trends and transparency in retail and wholesale charges, their relation to actual costs, the extent to which the assumptions made in the impact assessment that accompanied this Regulation have been confirmed and the costs of compliance of operators and the impact on the investments. The Commission should also, in the light of technological developments, consider the availability and quality of services which are an alternative to roaming (such as access through WIFI or through local breakout mechanisms).
Amendment 98 #
Proposal for a regulation
Recital 28
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. SuchAccording to the calculation methodology of BEREC, where the retail cap is three times the wholesale cap, a margin of 200% would allow market entry and the development of competition. Therefore safeguard caps should be set at levels which doccordingly, in order not to distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services within and outside the Union.
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or, SMS messages, but does include the transmission and receipt of or MMS messages;
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers shall inform all their roaming customers of the possibilityroaming customers shall have the right to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and at any moment, in line with paragraphs 3 and 4. Home providers shall inform all their existing roaming customers of this right before 1 June 2014.
Amendment 128 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within fivetwo working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
Article 2 – paragraph 2 – point o a (new)
(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Before 1 July 2013 operators may apply to their respective national regulator for an exemption from the obligation to sell roaming services separately. An exemption shall be granted if the operator commits to offer to all of its customers as of 1 June 2014 roaming tariffs that are equal to its respective national tariffs or that are at maximum 10% higher than its respective national tariffs. Operators may alternatively offer a tariff consisting of an additional monthly base charge covering all roaming services if they can show that average roaming costs to the respective customer group (corporate, post-paid or pre-paid) would not increase by more than 10%. If the national regulator grants the exemption, paragraphs 1 to 5 shall not be applicable to the operator and its customers. Operators, after being granted an exemption, shall communicate changes to their offers to the national regulator. The exemption shall be withdrawn by national regulator if the changed offers no longer meet the conditions set out in this paragraph. The operator shall be notified of a possible withdrawal of the exemption and shall be given three months to adapt its offers. An operator whose exemption is withdrawn shall implement paragraphs 1 to 5 within one year following the withdrawal. National regulators shall inform the European Commission of any exemption granted or withdrawn.
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 153 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Home providerProviders of domestic mobile communications services shall enable their subscribcustomers to access voice, SMS and data roaming services of any interconnected alternative roaming providr to access local data roaming services provided by any alternative roaming provider offering roaming services in the Member State where the contract or arrangement for the provision of domestic mobile communications services has been concluded with the customer.
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services fromoffered by an alternative roaming provider in accordance with paragraph 1. The roaming customers shall be given a period of two months within which to make their choice known to their home providers of domestic mobile communications services. In case a customer chooses to switch to an alternative roaming provider within this time limit, the switch should be carried out within a maximum period of one working day. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than the roaming service provided by the alternative roaming provider, and shall be carried out within fivone working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider of domestic mobile communications services may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roamingof domestic mobile communications services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The home provider of domestic mobile communications services or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the operator providingprovider of domestic mobile communications services.
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 20134 and on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,245, EUR 0,21, and EUR 0,18 on 1 July 2013, on 1 July 20134 and on 1 July 2014 5respectively, and for calls received to EUR 0,10 on 1 July 201308, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 2014 and 1 July 2015 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
6b. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply.
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 6 c (new)
Article 4 – paragraph 6 c (new)
6c. The maximum difference operators may apply between domestic and roaming tariffs in order to comply with the above paragraph 6 b should be set by the Commission through delegated acts on basis of the opinion of BEREC, after consulting stakeholders and within a reasonable period of time not exceeding three months after the adoption of this Regulation. When all roaming offers of an operator meet the conditions provided for in this paragraph, paragraphs 1 to 6 above and Article 5 shall not apply.
Amendment 179 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.
Amendment 183 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
1. For the purpose of separate sale of roaming services in accordance with Article 4, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection and while using the same terminal. Pricing for interconnection and additional support services related to the provision of thisese facilityies shall be cost- orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.
Amendment 195 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,109. The price for a regulated roaming SMS shall decrease to EUR 0,07, and EUR 0,06, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, gGuidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. Where necessary, after consulting stakeholders and in close cooperation with the Commission, BEREC may update the Guidelines.
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012 .
Amendment 209 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 7, on 1 July 2013 and,on 1 July 2014 and 0,06 on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.
Amendment 219 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750, EUR 0,30 and EUR 0,50.25, per megabyte used on 1 July 2013, on 1 July 2014 and on 1 July 20145 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and5 on 1 July 2013, EUR 0,241 on 1 July 20134 and to EUR 0,18 on 1 July 20145 respectively, and for calls received to EUR 0,10 on 1 July 2013 08 on 1 July 2013, EUR 0,07 on 1 July 2014 and to EUR 0,06 on 1 July 2015. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 237 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 245 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 254 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 256 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customersmachine to machine (M2M) services nor to pre-paid customers, except in cases where they have opted for an automatic topping-up mechanism.
Amendment 268 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 273 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 276 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.
Amendment 277 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that, without the customer's explicit consent, the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit. This shall not apply in cases where a mobile telecommunication service provider in a visited country outside the Union does not allow the home provider to monitor their customers' usage on a real-time basis. In that case, the customer shall be notified accordingly by means of a Message Service, without undue delay and free of charge, when he enters concerned country.
Amendment 288 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and50, EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively, and to EUR 0,25 on 1 July 2015. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.
Amendment 295 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia: